The shooting was justifiable and probably prevented injury or death to police officers at the scene, the Muskegon County Prosecutor’s Office concluded in a report issued Monday after reviewing a Michigan State Police investigation of the July 12 shooting.

Three shots fired

Just before Rhyndress shot him, Burroughs was repeatedly yelling “shoot me” and had ignored 10 orders to drop the sword – five from Rhyndress, five from Norton Shores Police Officer Sara Petrucha. Rhyndress said “I’m going to shoot you” just before doing so, the report said.

READ THE PROSECUTOR'S REPORT

Rhyndress’s first shot hit Burroughs’ back right shoulder, which was angled down toward the sergeant, the report said. Burroughs kept advancing with the sword. Rhyndress took a step back and shot Burroughs twice in the head and Burroughs collapsed, the report said.

Burroughs died the next day at a hospital without regaining consciousness.

“Without Sergeant Rhyndress’ intervention, an assault by Burroughs, armed with a sword, would have likely resulted in great bodily harm, or death, to Sergeant Rhyndress and/or his fellow officers,” is the concluding line of a report issued Monday afternoon by Prosecutor Tony Tague.

The report concludes Burroughs could have closed the distance with Rhyndress in two seconds or less if he had not been shot.

Given the circumstances, which the report said were verified by “indisputable audio evidence” from in-car video units, Rhyndress’s use of deadly force was reasonable, in defense of himself and others, Tague concluded. The sergeant’s belief that his own life and the life of the two other police officers present was endangered was “clearly reasonable,” the report stated.

Report findings

The report was the first detailed, official account of the incident. According to the report:

The incident began shortly after 5 p.m. when officers were dispatched to the neighborhood to investigate a reported assault on Burroughs’ girlfriend, who had run from the ranch home on the south side of Sternberg, her face bloody, to a neighbor’s house three doors west.

The woman told Petrucha that Burroughs had attacked her and was carrying a sword. Interviewed after the shooting, she told police Burroughs had threatened to kill her and had told her he wouldn’t let police take him.

Rhyndress and Norton Shores Police Officer Michael Wasilewski arrived shortly after Petrucha, and the three officers set up a perimeter around the house Burroughs was inside. He could be seen with a sword and refused orders to exit.

Rhyndress, who had training as a member of the Muskegon County Emergency Response Team, made a decision not to enter the house but to call the team. However, events unfolded too fast for that call to be made.

Burroughs exited a southwest door of the house, near the back, onto a deck about 4 feet off the ground with a handicap-accessible ramp to the ground. The ramp descends west to east.

After starting to approach Petrucha, who was stationed at the southwest corner about 2 or 3 feet from the deck, Burroughs turned his attention to Rhyndress – who was east of the ramp -- as both officers repeatedly commanded him to drop the sword. Burroughs several times said variations of “just shoot me” or “you’re going to have to shoot me,” according to audio recordings.

Burroughs walked down the ramp toward Rhyndress, the sword in a batting position. When he was about halfway down, roughly 8 feet from the sergeant, he motioned as if he were going to jump over the railing and pulled the sword back, Rhyndress told investigators.

“Because of his actions I was in fear Burroughs was going to charge at me with the sword,” Rhyndress told investigators. “I also believed that the lives of others that were in the area were in imminent danger.”

Rhyndress said, “I’m going to shoot you,” then fired.

An autopsy showed Burroughs died of the head wounds.

Rhyndress has been a Norton Shores police officer since 1998, was promoted to corporal in 2006 and sergeant in 2012. He has received specialized training in entries and hostage rescue.

The prosecutor’s office reviewed that 2011 case and indicated "indisputable audio evidence" revealed that Rhyndress used reasonable force in defense of others when he shot and killed Ben Kukulka.

Burroughs has several prior convictions and other police contacts. He had 2011 and 2009 convictions for illegal entry for breaking into the home of an ex-girlfriend, who also had a 2009 personal protection order against him. In 2007 he was convicted of assault and battery and in 1995 a felony conviction of attempted larceny from a motor vehicle.